Facts
The case concerns a debt enforcement procedure against a debtor, Mrs. Kunz, for which the creditor, Wäspe, requested the realization of a property. On March 15, 1958, the debt enforcement office in Altstätten seized the debtor's co-ownership share in the property and indicated that the request for realization could be made between April 15, 1958, and March 14, 1959. The creditor requested realization on April 15, 1958, and paid the amount of the requested fee advance, 80 francs, on April 23. However, due to a postponement of the realization, he recovered this advance on August 7, but paid it again in November to obtain the realization.
The debt enforcement office then decided to increase the fee advance to 400 francs, which the creditor contested with a complaint. The decision of the bankruptcy and debt enforcement chamber dismissed the complaint, and the creditor filed an appeal against this decision with the Federal Court.
Considerations
The bankruptcy and debt enforcement chamber considered that the request for realization of a property is subject to the deadlines provided for in Article 116 DEBA, which also applies to co-ownership shares. The chamber also examined the conditions under which the public auction of the entire property can be ordered pursuant to Article 73, b VZG.
The chamber dismissed the creditor's complaint, considering that the increase in the fee advance was justified, as the costs of realizing the property were higher than expected. The chamber also considered that the decision of the bankruptcy and debt enforcement chamber was in accordance…